THE STATE OF TEXAS
BILL TEXT
STATENET
Copyright © 2007 by State Net(R), All Rights Reserved.
2007 TX H.B. 2118
TEXAS 80TH LEGISLATURE
HOUSE BILL 2118
BILL TRACKING REPORT: 2007 Bill Tracking TX H.B. 2118
2007 Bill Text TX H.B. 2118
VERSION: Enrolled
VERSION-DATE: May 28, 2007
SYNOPSIS: AN ACT
relating to licensing and regulation of residential fire alarm technicians
and regulation and installation of fire detection and alarm devices.
NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]
TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 5.43-2, Insurance Code, is amended by amending
Subdivision (8) and adding Subdivision (17) to read as follows:
(8) "Monitoring" means the receipt of fire alarm and supervisory signals [D>
and retransmission <D] or communication of those signals to a fire service
communications center that is located in this state or serves property in this
state.
[A> (17) "RESIDENTIAL FIRE ALARM TECHNICIAN" MEANS A LICENSED INDIVIDUAL WHO
IS DESIGNATED BY A REGISTERED FIRM TO INSTALL, SERVICE, INSPECT, AND CERTIFY
RESIDENTIAL SINGLE-FAMILY OR TWO-FAMILY FIRE ALARM OR DETECTION SYSTEMS. <A]
SECTION 2. Section 3, Article 5.43-2, Insurance Code, is amended by amending
Subsection (b) and adding Subsections (d) and (e) to read as follows:
(b) The licensing provisions of this article shall not apply to:
d installation of fire detection and alarm devices.
NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]
TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 5.43-2, Insurance Code, is amended by amending
Subdivision (8) and adding Subdivision (17) to read as follows:
(8) "Monitoring" means the receipt of fire alarm and supervisory signals [D>
and retransmission <D] or communication of those signals to a fire service
communications center that is located in this state or serves property in this
state.
[A> (17) "RESIDENTIAL FIRE ALARM TECHNICIAN" MEANS A LICENSED INDIVIDUAL WHO
IS DESIGNATED BY A REGISTERED FIRM TO INSTALL, SERVICE, INSPECT, AND CERTIFY
RESIDENTIAL SINGLE-FAMILY OR TWO-FAMILY FIRE ALARM OR DETECTION SYSTEMS. <A]
SECTION 2. Section 3, Article 5.43-2, Insurance Code, is amended by amending
Subsection (b) and adding Subsections (d) and (e) to read as follows:
(b) The licensing provisions of this article shall not apply to:
(1) a person or organization in the business of building construction that
installs electrical wiring and devices that may include in part the installation
of a fire alarm or detection system if:
(A) the person or organization is a party to a contract that provides that
the installation will be performed under the direct supervision of and certified
by a licensed employee or agent of a firm registered to install and certify such
an alarm or detection device and that the registered firm assumes full
responsibility for the installation of the alarm or detection device; and
(B) the person or organization does not plan, certify, lease, sell, service,
or maintain fire alarms or detection devices or systems;
(2) a person or organization that owns and installs fire detection or fire
alarm devices on the person's or organization's own property or, if the person
or organization does not charge for the device or its installation, installs it
for the protection of the person's or organization's personal property located
on another's property and does not install the devices as a normal business
practice on the property of another;
(3) a person who holds a license or other form of permission issued by an
incorporated city or town to practice as an electrician and who installs fire or
smoke detection and alarm devices in no building other than a single family or
multifamily residence if:
(A) the devices installed are:
(i) single station detectors; or
(ii) multiple station detectors capable of being connected in such a manner
that actuation of one detector causes all integral or separate alarms to
operate, if the detectors are not connected to a control panel or to an outside
alarm, do not transmit a signal off the premises, and do not use more than 120
volts; and
(B) all installations comply with provisions of the adopted edition of [D>
Household Fire Warning Equipment, <D] National Fire Protection Association
Standard No. [A> 72 <A] [D> 74 <D] ;
(4) a person or organization that sells fire detection or fire alarm devices
if the sales are exclusively over-the-counter or by mail order and if the person
or organization does not plan, certify, install, service, or maintain this
equipment;
(5) response to a fire alarm or detection device by a law enforcement agency
or fire department or by a law enforcement officer or fireman acting in an
official capacity;
(6) a Texas registered professional engineer acting solely in his
professional capacity;
(7) a person or an organization that provides and installs at no charge to
the property owners or residents a battery-powered smoke detector in a
single-family or two-family residence if:
(A) the smoke detector bears a label of listing or approval by a testing
laboratory approved by the State Board of Insurance;
(B) the installation complies with provisions of the adopted edition of
National Fire Protection Association Standard No. [A> 72 <A] [D> 74 <D] ;
(C) the installers are knowledgeable in fire protection and the proper use of
smoke detectors; and
(D) the detector is a single station installation and not a part of or
connected to any other detection device or system;
(8) [A> AN <A] [D> a regular <D] employee of a registered firm who is under
the direct [A> ON-SITE <A] supervision of a licensee;
(9) a building owner, the owner's managing agent, or their employees who
install battery-operated single-station smoke detectors or who monitor fire
alarm or fire detection devices or systems in the owner's building, and in which
the monitoring is performed at the owner's property and monitored at no charge
to the occupants of the building, and complies with applicable standards of the
National Fire Protection Association as may be adopted by rule promulgated under
this Act, and utilizes equipment approved by a testing laboratory approved by
the State Board of Insurance for fire alarm monitoring;
(10) a person employed by a registered firm that sells and installs a smoke
or heat detector in a single-family or two-family residence if:
(A) the detector bears a label of listing or approval by a testing laboratory
approved by the State Board of Insurance;
(B) the installation complies with provisions of the adopted edition of
National Fire Protection Association Standard No. [A> 72 <A] [D> 74 <D] ;
(C) the installers are knowledgeable in fire protection and the proper use
and placement of detectors; and
(D) the detector is a single station installation and not a part of or
connected to any other detection device or system; or
(11) a person or organization licensed to install or service burglar alarms
under [A> CHAPTER 1702, OCCUPATIONS CODE, <A] [D> the Private Investigators and
Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes) <D] that provides and installs in a single-family or two-family
residence a combination keypad that includes a panic button to initiate a fire
alarm signal if the fire alarm signal:
(A) is monitored by a fire alarm firm registered under this article; and
(B) is not initiated by any fire or smoke detection device.
[A> (D) A POLITICAL SUBDIVISION MAY NOT REQUIRE A REGISTERED FIRM, A
LICENSEE, OR AN EMPLOYEE OF A REGISTERED FIRM TO MAINTAIN A BUSINESS LOCATION OR
RESIDENCY WITHIN THAT POLITICAL SUBDIVISION TO ENGAGE IN A BUSINESS OR PERFORM
ANY ACTIVITY AUTHORIZED UNDER THIS ARTICLE. <A]
[A> (E) A MUNICIPALITY OR COUNTY MAY BY ORDINANCE REQUIRE A REGISTERED FIRM
TO MAKE A TELEPHONE CALL TO A MONITORED PROPERTY BEFORE THE FIRM NOTIFIES THE
MUNICIPALITY OR COUNTY OF AN ALARM SIGNAL RECEIVED BY THE FIRM FROM A FIRE
DETECTION DEVICE. <A]
SECTION 3. Section 5, Article 5.43-2, Insurance Code, is amended by adding
Subsection (c-1) to read as follows:
[A> (C-1) A RESIDENTIAL FIRE ALARM TECHNICIAN MUST OBTAIN A LICENSE ISSUED BY
THE BOARD. THE AMOUNT OF THE INITIAL FEE FOR THE LICENSE MAY NOT EXCEED $ 50,
AND THE AMOUNT OF THE ANNUAL LICENSE RENEWAL FEE MAY NOT EXCEED $ 50. <A]
SECTION 4. Sections 5B(e) and (f), Article 5.43-2, Insurance Code, are
amended to read as follows:
(e) For a person who is licensed to install or service burglar alarms under
[A> CHAPTER 1702, OCCUPATIONS CODE <A] [D> the Private Investigators and Private
Security Agencies Act, as amended (Article 4413(29bb), Vernon's Texas Civil
Statutes) <D] , compliance with the insurance requirements of that [A> CHAPTER
<A] [D> Act <D] constitutes compliance with the insurance requirements of this
section if the insurance held by the person complies with the requirements of
this section in amounts and types of coverage.
(f) For a person who is licensed to install or service burglar alarms under
[A> CHAPTER 1702, OCCUPATIONS CODE <A] [D> the Private Investigators and Private
Security Agencies Act, as amended (Article 4413(29bb), Vernon's Texas Civil
Statutes) <D] , compliance with the bond and insurance requirements of that [A>
CHAPTER <A] [D> Act <D] constitutes compliance with the bond and insurance
requirements of this section.
SECTION 5. Section 5D, Article 5.43-2, Insurance Code, is amended by adding
Subsection (a-2) and amending Subsection (d) to read as follows:
[A> (A-2) AN APPLICANT FOR A RESIDENTIAL FIRE ALARM TECHNICIAN LICENSE MUST
PROVIDE WITH THE REQUIRED LICENSE APPLICATION EVIDENCE OF THE APPLICANT'S
SUCCESSFUL COMPLETION OF THE REQUIRED INSTRUCTION FROM A TRAINING SCHOOL
APPROVED BY THE STATE FIRE MARSHAL IN ACCORDANCE WITH THIS SECTION. <A]
(d) [A> THE TRAINING CURRICULUM FOR A RESIDENTIAL FIRE ALARM TECHNICIAN
COURSE SHALL CONSIST OF AT LEAST EIGHT HOURS OF INSTRUCTION ON INSTALLING,
SERVICING, AND MAINTAINING SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL FIRE ALARM
SYSTEMS AS DEFINED BY NATIONAL FIRE PROTECTION ASSOCIATION STANDARD NO. 72 <A]
[D> The training curriculum for a fire alarm technician and a residential fire
alarm superintendent course shall consist of 16 hours of classroom instruction
on all categories of licensure <D] .
SECTION 6. Article 5.43-2, Insurance Code, is amended by adding Section 5G to
read as follows:
[A> SEC. 5G. CONFIDENTIALITY OF RECORDS. RECORDS MAINTAINED BY THE DEPARTMENT
UNDER THIS ARTICLE ON THE HOME ADDRESS, HOME TELEPHONE NUMBER, DRIVER'S LICENSE
NUMBER, OR SOCIAL SECURITY NUMBER OF AN APPLICANT OR A LICENSE OR REGISTRATION
HOLDER ARE CONFIDENTIAL AND ARE NOT SUBJECT TO MANDATORY DISCLOSURE UNDER
CHAPTER 552, GOVERNMENT CODE. <A]
SECTION 7. Section 6A, Article 5.43-2, Insurance Code, is amended by adding
Subsection (c) to read as follows:
[A> (C) THE COMMISSIONER MAY NOT ADOPT A RULE TO ADMINISTER THIS ARTICLE THAT
REQUIRES A PERSON WHO HOLDS A LICENSE UNDER THIS ARTICLE TO OBTAIN ADDITIONAL
CERTIFICATION THAT IMPOSES A FINANCIAL RESPONSIBILITY ON THE LICENSEE. <A]
SECTION 8. Section 7, Article 5.43-2, Insurance Code, is amended by amending
Subsection (b) and adding Subsection (f) to read as follows:
(b) Except as provided by Subsection (c), a political subdivision may not
offer [D> residential <D] alarm system sales, service, installation, or
monitoring unless it has been providing monitoring services [D> to residences
<D] within the boundaries of the political subdivision as of September 1, 1999.
Any fee charged by the political subdivision may not exceed the cost of the
monitoring.
[A> (F) A RESIDENTIAL FIRE ALARM TECHNICIAN MAY ONLY PROVIDE DIRECT ON-SITE
SUPERVISION TO AN EMPLOYEE OF A REGISTERED FIRM FOR WORK PERFORMED UNDER THIS
ARTICLE IN A SINGLE-FAMILY OR TWO-FAMILY DWELLING. <A]
SECTION 9. Sections 9(d) and (e), Article 5.43-2, Insurance Code, are amended
to read as follows:
(d) No fire detection or fire alarm device may be sold or installed in this
state unless accompanied by printed information supplied to the owner by the
supplier or installing contractor concerning:
(1) instructions describing the installation, operation, testing, and proper
maintenance of the device;
(2) information which will aid in establishing an emergency evacuation plan
for the protected premises; [D> and <D]
(3) the telephone number and location, including notification procedures, of
the nearest fire department [A> ; AND <A]
[A> (4) INFORMATION THAT WILL AID IN REDUCING THE NUMBER OF FALSE FIRE ALARMS
<A] .
(e) Each registered firm that employs persons that are exempt from the
licensing provisions of this article pursuant to Section 3(b)(10) of this
article is required to appropriately train and supervise such exempt persons so
as to ensure that each installation complies with the adopted provisions of
National Fire Protection [A> ASSOCIATION <A] Standard No. [A> 72 <A] [D> 74 <D]
or other adopted standards, that each smoke or heat detector installed or sold
carries a label or listing of approval by a testing laboratory approved by the
State Board of Insurance, and that such exempt persons are knowledgeable in fire
protection and the proper use and placement of detectors.
SECTION 10. Subtitle A, Title 9, Health and Safety Code, is amended by adding
Chapter 766 to read as follows:
[A> CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS <A]
[A> SEC. 766.001. DEFINITIONS. IN THIS CHAPTER: <A]
[A> (1) "CARBON MONOXIDE ALARM" MEANS A DEVICE THAT DETECTS AND SOUNDS AN
ALARM TO INDICATE THE PRESENCE OF A HARMFUL LEVEL OF CARBON MONOXIDE GAS. <A]
[A> (2) "DEPARTMENT" MEANS THE TEXAS DEPARTMENT OF INSURANCE. <A]
[A> (3) "FOSSIL FUEL" INCLUDES COAL, KEROSENE, OIL, WOOD, FUEL GASES, AND
OTHER PETROLEUM OR HYDROCARBON PRODUCTS. <A]
[A> (4) "ONE-FAMILY OR TWO-FAMILY DWELLING" MEANS A STRUCTURE THAT HAS ONE OR
TWO RESIDENTIAL UNITS THAT ARE OCCUPIED AS, OR DESIGNED OR INTENDED FOR
OCCUPANCY AS, A RESIDENCE BY INDIVIDUALS. <A]
[A> (5) "SMOKE DETECTOR" MEANS A DEVICE OR A LISTED COMPONENT OF A SYSTEM
THAT DETECTS AND SOUNDS AN ALARM TO INDICATE THE PRESENCE OF VISIBLE OR
INVISIBLE PRODUCTS OF COMBUSTION IN THE AIR. <A]
[A> (6) "SMOKE DETECTOR FOR HEARING-IMPAIRED PERSONS" HAS THE MEANING
ASSIGNED BY SECTION 792.001. <A]
[A> SEC. 766.002. SMOKE DETECTOR REQUIREMENT. (A) EACH ONE-FAMILY OR
TWO-FAMILY DWELLING CONSTRUCTED IN THIS STATE MUST HAVE WORKING SMOKE DETECTORS
INSTALLED IN THE DWELLING IN ACCORDANCE WITH THE SMOKE DETECTOR REQUIREMENTS OF
THE BUILDING CODE IN EFFECT IN THE POLITICAL SUBDIVISION IN WHICH THE DWELLING
IS LOCATED, INCLUDING PERFORMANCE, LOCATION, AND POWER SOURCE REQUIREMENTS. <A]
[A> (B) IF A ONE-FAMILY OR TWO-FAMILY DWELLING DOES NOT COMPLY WITH THE SMOKE
DETECTOR REQUIREMENTS OF THE BUILDING CODE IN EFFECT IN THE POLITICAL
SUBDIVISION IN WHICH THE DWELLING IS LOCATED, ANY HOME IMPROVEMENT TO THE
DWELLING THAT REQUIRES THE ISSUANCE OF A BUILDING PERMIT MUST INCLUDE THE
INSTALLATION OF SMOKE DETECTORS IN ACCORDANCE WITH THE BUILDING CODE IN EFFECT
IN THE POLITICAL SUBDIVISION IN WHICH THE DWELLING IS LOCATED, INCLUDING
PERFORMANCE, LOCATION, AND POWER SOURCE REQUIREMENTS. <A]
[A> SEC. 766.0021. SMOKE DETECTOR FOR HEARING-IMPAIRED PERSONS. (A) A
PURCHASER UNDER A WRITTEN CONTRACT FOR THE SALE OF A ONE-FAMILY OR TWO-FAMILY
DWELLING MAY REQUIRE THE SELLER TO INSTALL SMOKE DETECTORS FOR HEARING-IMPAIRED
PERSONS IF: <A]
[A> (1) THE PURCHASER OR A MEMBER OF THE PURCHASER'S FAMILY WHO WILL RESIDE
IN THE DWELLING IS A HEARING-IMPAIRED PERSON; <A]
[A> (2) THE PURCHASER PROVIDES WRITTEN EVIDENCE OF THE HEARING IMPAIRMENT
SIGNED BY A LICENSED PHYSICIAN; AND <A]
[A> (3) NOT LATER THAN THE 10TH DAY AFTER THE EFFECTIVE DATE OF THE CONTRACT,
THE PURCHASER REQUESTS IN WRITING THAT THE SELLER INSTALL SMOKE DETECTORS FOR
HEARING-IMPAIRED PERSONS AND SPECIFIES THE LOCATIONS IN THE DWELLING WHERE THE
SMOKE DETECTORS ARE TO BE INSTALLED. <A]
[A> (B) IF THE SELLER IS REQUIRED TO INSTALL SMOKE DETECTORS FOR
HEARING-IMPAIRED PERSONS UNDER SUBSECTION (A), THE SELLER AND PURCHASER MAY
AGREE: <A]
[A> (1) WHICH PARTY WILL BEAR THE COST OF INSTALLING THE SMOKE DETECTORS; AND
<A]
[A> (2) WHICH BRAND OF SMOKE DETECTORS TO INSTALL. <A]
[A> (C) THE SELLER MUST INSTALL THE SMOKE DETECTORS NOT LATER THAN THE
CLOSING DATE OF THE SALE OF THE DWELLING. <A]
[A> (D) A PURCHASER MAY TERMINATE THE CONTRACT TO PURCHASE THE DWELLING IF
THE SELLER FAILS TO INSTALL SMOKE DETECTORS FOR HEARING-IMPAIRED PERSONS AS
REQUIRED BY THIS SECTION. <A]
[A> SEC. 766.0025. FRATERNITY AND SORORITY HOUSES. (A) IN THIS SECTION,
"FRATERNITY OR SORORITY HOUSE" MEANS A DWELLING THAT: <A]
[A> (1) IS A SEPARATE STRUCTURE AND THAT IS NOT A MULTIUNIT RESIDENTIAL
PROPERTY COMPOSED OF MULTIPLE INDEPENDENT RESIDENTIAL UNITS; AND <A]
[A> (2) SERVES AS LIVING QUARTERS FOR MEMBERS OF A FRATERNITY OR SORORITY.
<A]
[A> (B) THE OWNER OF A FRATERNITY OR SORORITY HOUSE MUST HAVE WORKING SMOKE
DETECTORS INSTALLED IN THE FRATERNITY HOUSE OR SORORITY HOUSE IN ACCORDANCE WITH
THE SMOKE DETECTOR REQUIREMENTS OF THE BUILDING CODE IN EFFECT IN THE POLITICAL
SUBDIVISION IN WHICH THE FRATERNITY OR SORORITY HOUSE IS LOCATED, INCLUDING
PERFORMANCE, LOCATION, AND POWER SOURCE REQUIREMENTS. <A]
[A> SEC. 766.003. INFORMATION RELATING TO FIRE SAFETY AND CARBON MONOXIDE
DANGERS. (A) THE DEPARTMENT SHALL PREPARE INFORMATION OF PUBLIC INTEREST
RELATING TO: <A]
[A> (1) FIRE SAFETY IN THE HOME; AND <A]
[A> (2) THE DANGERS OF CARBON MONOXIDE. <A]
[A> (B) THE INFORMATION MUST INFORM THE PUBLIC ABOUT: <A]
[A> (1) WAYS TO PREVENT FIRES IN THE HOME, AND ACTIONS TO TAKE IF A FIRE
OCCURS IN THE HOME; <A]
[A> (2) THE NEED TO TEST SMOKE DETECTORS EVERY MONTH TO ENSURE THE SMOKE
DETECTOR IS WORKING; <A]
[A> (3) REPLACING THE BATTERY IN A BATTERY-OPERATED SMOKE DETECTOR EVERY SIX
MONTHS; <A]
[A> (4) THE NEED TO HAVE FIRE SAFETY EQUIPMENT IN THE HOME, INCLUDING FIRE
EXTINGUISHERS AND EMERGENCY ESCAPE LADDERS; <A]
[A> (5) THE NEED TO DEVELOP AND PRACTICE A FIRE ESCAPE PLAN; <A]
[A> (6) THE AVAILABILITY OF CARBON MONOXIDE DETECTORS; <A]
[A> (7) USING CARBON MONOXIDE ALARMS AS A BACKUP TO PREVENT CARBON MONOXIDE
POISONING; AND <A]
[A> (8) THE NEED TO PROPERLY USE AND MAINTAIN FOSSIL FUEL-BURNING APPLIANCES.
<A]
[A> (C) THE DEPARTMENT SHALL DISTRIBUTE THE INFORMATION DESCRIBED BY THIS
SECTION TO THE PUBLIC IN ANY MANNER THE DEPARTMENT DETERMINES IS COST-EFFECTIVE,
INCLUDING PROVIDING THE INFORMATION ON THE DEPARTMENT'S INTERNET WEBSITE AND
PUBLISHING INFORMATIONAL PAMPHLETS. <A]
SECTION 11. Section 5.008(b), Property Code, is amended to read as follows:
(b) The notice must be executed and must, at a minimum, read substantially
similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT_____________________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE
PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY
INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY
OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property. If unoccupied, how long
since Seller has occupied the Property? __________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).
__ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens
__ Security __ Fire Detection __ Intercom
System Equipment System
[A> __ SMOKE DETECTOR <A]
[A> __ SMOKE DETECTOR -
HEARING IMPAIRED <A]
[A> __ CARBON MONOXIDE ALARM <A]
[A> __ EMERGENCY ESCAPE
LADDER(S) <A]
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust Fan(s)
__ Central A/C __ Central Heating __ Wall/Window Air
Conditioning
__ Plumbing System __ Septic System __ Public Sewer
System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler
System
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney
(Woodburning) (Mock)
__ Gas Lines __ Gas Fixtures
(Nat./LP)
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op
Roof Type: _____________________________ Age: _____ (approx)
Are you (Seller) aware of any of the above items that are not
in working condition, that have known defects, or that are in need of repair?
__ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________________
________________________________________________________________________
2. [A> DOES THE PROPERTY HAVE WORKING SMOKE DETECTORS INSTALLED IN
ACCORDANCE WITH THE SMOKE DETECTOR REQUIREMENTS OF CHAPTER 766, HEALTH AND
SAFETY CODE? __YES __NO __UNKNOWN. <A]
[A> IF THE ANSWER TO THE QUESTION ABOVE IS NO OR UNKNOWN, EXPLAIN. (ATTACH
ADDITIONAL SHEETS IF NECESSARY): ___________________________________________
____________________________________________________________________________
<A]
[A> 3. <A] Are you (Seller) aware of any known defects/malfunctions in any of
the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures
__ Other Structural Components (Describe):___________________________
_________________________________________________________________________
If the answer to any of the above is yes, explain. (Attach additional
sheets if necessary):___________________________________________________
________________________________________________________________________
________________________________________________________________________
[A> 4 <A] [D> 3 <D] . Are you (Seller) aware of any of the following
conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites __ Previous Structural
(includes or Roof Repair
wood-destroying
insects)
__ Termite or Wood Rot __ Hazardous or Toxic Waste
Damage Needing Repair
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
Treatment Insulation
__ Previous Flooding __ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Penetration __ Aluminum Wiring
__ Located in 100-Year __ Previous Fires
Floodplain
__ Present Flood Insurance __ Unplatted Easements
Coverage
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits
If the answer to any of the above is yes, explain. (Attach additional
sheets if necessary):____________________________________________________
_________________________________________________________________________
[A> 5 <A] [D> 4 <D] . Are you (Seller) aware of any item, equipment, or
system in or on the property that is in need of repair? __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach additional sheets
as necessary). _____
[A> 6 <A] [D> 5 <D] . Are you (Seller) aware of any of the following? Write
Yes (Y) if you are aware, write No (N) if you are not aware.
__ Room additions, structural modifications, or other alterations or repairs
made without necessary permits or not in compliance with building codes in
effect at that time.
__ Homeowners' Association or maintenance fees or assessments.
__ Any "common area" (facilities such as pools, tennis courts, walkways, or
other areas) co-owned in undivided interest with others.
__ Any notices of violations of deed restrictions or governmental ordinances
affecting the condition or use of the Property.
__ Any lawsuits directly or indirectly affecting the Property.
__ Any condition on the Property which materially affects the physical health
or safety of an individual.
If the answer to any of the above is yes, explain. (Attach additional
sheets if necessary):____________________________________________________
_________________________________________________________________________
____________ _________________________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the foregoing notice
[A> AND ACKNOWLEDGES THE PROPERTY COMPLIES WITH THE SMOKE DETECTOR REQUIREMENTS
OF CHAPTER 766, HEALTH AND SAFETY CODE, OR, IF THE PROPERTY DOES NOT COMPLY WITH
THE SMOKE DETECTOR REQUIREMENTS OF CHAPTER 766, THE BUYER WAIVES THE BUYER'S
RIGHTS TO HAVE SMOKE DETECTORS INSTALLED IN COMPLIANCE WITH CHAPTER 766 <A] .
____________ _________________________________________________________
Date Signature of Purchaser
SECTION 12. Subchapter F, Chapter 92, Property Code, is amended by adding
Section 92.2571 to read as follows:
[A> SEC. 92.2571. ALTERNATIVE COMPLIANCE. A LANDLORD COMPLIES WITH THE
REQUIREMENTS OF THIS SUBCHAPTER RELATING TO THE PROVISION OF SMOKE DETECTORS IN
THE DWELLING UNIT IF THE LANDLORD: <A]
[A> (1) HAS A FIRE DETECTION DEVICE, AS DEFINED BY ARTICLE 5.43-2, INSURANCE
CODE, THAT INCLUDES A SMOKE DETECTION DEVICE INSTALLED IN A DWELLING UNIT; OR
<A]
[A> (2) FOR A DWELLING UNIT THAT IS A ONE-FAMILY OR TWO-FAMILY DWELLING UNIT,
INSTALLS SMOKE DETECTORS IN COMPLIANCE WITH CHAPTER 766, HEALTH AND SAFETY CODE.
<A]
SECTION 13. The change in law made by this Act to Section 5.008, Property
Code, applies only to a notice executed on or after the effective date of this
Act. A notice executed before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is continued in effect
for that purpose.
SECTION 14. (a) Not later than March 1, 2008, the commissioner of insurance
shall adopt the rules and forms necessary to implement the changes in law made
by this Act to Article 5.43-2, Insurance Code.
(b) Notwithstanding Article 5.43-2, Insurance Code, a residential fire alarm
technician is not required to obtain a license under that article before June 1,
2008.
SECTION 15. This Act takes effect September 1, 2007.
SPONSOR: Pickett
SUBJECT: SECURITY & ALARM SYSTEMS (93%); APPROVALS (63%); HOME SECURITY (63%);
INSURANCE LAW (62%); INSURANCE REGULATORY BODIES (62%); CONSTRUCTION (62%);
LEGISLATORS (62%);